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JDSantiago · Apr 5, 2008, 06:00 PM

Ok pay attention here this one is crazy... I live in CA in an Apartment and the building was just bought by a new owner Jan 31, 2008, when I paid rent for Jan 2008 to the old owner I also paid for Feb 2008 rent because I was going to be working out of town and I had no Idea the sale would go through Jan 31. The new owners at the end of Feb 2008 asked for the rent and I told them what happened and they asked for a cleared check from my bank, while in the process f getting it they called the previous owner... I gave them a legal copy from the bank of the cashed check (Front & Back) and then the old owner told the new owner I never gave her a check for Feb 2008... WHAT was my reaction!
On March 27th they gave me a 3 Day Pay or Quit and I told the what is the deal and emailed them I need to know why they are doing this and that they are going after the wrong person but they did not respond to my emails. I paid my rent to the managers box for April and they gave me the check back and said the legal department told them not to accept my April rent!

What the hell is going on? Can someone tell me what the process is and how long do I have to move or what? I need to know what my options are?

excon · Apr 6, 2008, 05:42 AM

Hello JD:

Relax. In order for them to evict you, they must have a court hearing first. The process starts after you DON'T move. Just show the judge the check, and he'll laugh the ladlord out of court.

Course, you should start looking for a place. Surly, you don't want to deal with them anymore.

excon

Originally Posted by JDSantiago

What the hell is going on? I need to know what my options are?

PS> (edited) Really, Dude. What the hell IS going on? I told you what your options were the first time you asked. Did you think I would change my mind? Do you think I do this for my health?

JudyKayTee · Apr 6, 2008, 07:05 AM

Originally Posted by JDSantiago

Ok pay attention here this one is crazy.....I live in CA in an Apartment and the building was just bought by a new owner Jan 31, 2008, when I paid rent for Jan 2008 to the old owner I also paid for Feb 2008 rent because I was gonna be working out of town and I had no Idea the sale would go thru Jan 31. The new owners at the end of Feb 2008 asked for the rent and I told them what happened and they asked for a cleared check from my bank, while in the process f getting it they called the previous owner....I gave them a legal copy from the bank of the cashed check (Front & Back) and then the old owner told the new owner I never gave her a check for Feb 2008.....WHAT was my reaction!
On March 27th they gave me a 3 Day Pay or Quit and I told the what is the deal and emailed them I need to know why they are doing this and that they are going after the wrong person but they did not respond to my emails. I paid my rent to the managers box for April and they gave me the check back and said the legal department told them not to accept my April rent!!

What the hell is going on? Can someone tell me what the process is and how long do I have to move or what? I need to know what my options are?

You posted this on March 28 on another thread - read those answers and see if you have any additional questions.

Fr_Chuck · Apr 6, 2008, 11:32 AM

Yes, this is the issues, for the eviction, they have to go to court, show your proof in court, contact their legal department, they may not want to look like fools in court either

JDSantiago · Apr 7, 2008, 05:55 PM

These people will not return phone calls or emails or anything so maybe they will look like fools.
I'm sure their legal should know this is a BS reason to take me to court, will the judge allow me to find a new place and not have to pay for April since they denied my rent for April?
Also how long does the court take, will he take a recess to verify the bank stuff or is it fast and what if they bring the old owner or she signs an affidavit stating she didn't get it because I think she really believes she didn't get it because why would she lie?

JudyKayTee · Apr 8, 2008, 05:20 AM

Originally Posted by JDSantiago

These people will not return phone calls or emails or anything so maybe they will look like fools.
I'm sure their legal should know this is a BS reason to take me to court, will the judge allow me to find a new place and not have to pay for April since they denied my rent for April?
Also how long does the court take, will he take a recess to verify the bank stuff or is it fast and what if they bring the old owner or she signs an affidavit stating she didn't get it because I think she really believes she didn't get it because why would she lie?

Let's see - no, the new owners don't have to return your phone calls and emails. They apparently are finished talking to you. That's why you are going to Court.

As far as the rest of this - YOU have to prove you paid. YOU have to bring in copies of the check. The Court does not recess or break or do anything else and verify YOUR story. They will decide based on what is presented in Court.

And what if they brought in the old owner and she says she didn't get it - don't you have a cancelled check to prove she did? Then she can argue that check was for something else and you can argue, no, it's the rent in question and then the Court can decide.

I don't recall where you live but you could be ordered out (evicted) - sometimes you get 3 days, sometimes 24 hours, if you lose. And the fact that they wouldn't accept April's rent does not mean they can't collect it now if it works out that you have to stay.

And I have no idea why people lie.